P. v. Sedano
The People appeal the trial courts imposition of a misdemeanor sentence for a wobbler which had been charged as a felony. The People also challenge a prison sentence imposed pursuant to a gang enhancement that was not charged. Court conclude the trial court engaged in improper plea bargaining when it offered to sentence Sedano pursuant to the uncharged enhancement and that the court failed to properly exercise its discretion when it reduced the level of the offense from a felony to a misdemeanor. Court vacate the judgment and remand for appropriate further proceedings.
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